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An Abundance of Caution

We understand that a Notice of Proposed Rulemaking is on circulation at the FCC that would seek comment on Sprint Nextel’s Petition for Declaratory Ruling asking the FCC to confirm the permissibility of deploying CDMA technologies in the 800 MHz ESMR band. It may be that out of an abundance of caution given its recent LightSquared and earlier 800 MHz public safety interference issues that led to the rebanding initiative, that the FCC wants to gather more information regarding any potential technical issues before deciding this matter. Of interest, however, the ability to use broadband technologies on this spectrum arguably was considered and approved by the Commission as far back as 1995 and again in 2004.